Kerala High Court
Vasanthakumari P vs The State Of Kerala on 28 July, 1982
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938
WP(C).No. 27550 of 2016 (P)
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PETITIONER(S):
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VASANTHAKUMARI P
AGED 55 YEARS, W/O.K.HARIDASAN,
NEEDLE WORK TEACHER (SEWING TEACHER),
U.P.SECTION, KCP HIGH SCHOOL, KAVASSERI,
PALAKKAD, RESIDING AT HARISREE, MAITRI NAGAR,
VEPPILASSERY, KAVASSERI, PALAKKAD-678 543.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENT(S):
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1. THE STATE OF KERALA
REPRESENTED BY SECRETARY,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM-695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION
PALAKKAD.678 001.
4. THE DISTRICT EDUCATIONAL OFFICER
PALAKKAD-678 001.
5. SHINI P.VARGHESE
NEEDLE WORK TEACHER (HIGH SCHOOL SECTION),
KCP HIGH SCHOOL, KAVASSERI, PALAKKAD-678 543.
6. THE MANAGER
KCP HIGH SCHOOL, KAVASSERI,
PALAKKAD-678 543.
7. THE HEADMASTER
KCP HIGH SCHOOL, KAVASSERI,
PALAKKAD-678 543.
BY GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27550 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 28.07.1982
CARRYING THE ENDORSEMENT OF DEO.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 18.12.2003 PASSED BY
THIS HONOURABLE COURT IN W.P[C]NO.30050 OF 2002.
EXHIBIT P3 A TRUE COPY OF THE STAFF FIXATION PROCEEDINGS DATED
08.04.2016 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER
DATED 21.05.2016 BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE APPEAL PREFERRED BY THE 6TH
RESPONDENT DATED 23.05.2016 BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A.TO JUDGE
sm
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.27550 of 2016
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Dated this the 19th day of August, 2016
JUDGMENT
The petitioner, who is a specialist teacher facing retrenchment, has preferred Ext.P4 appeal against the same, before the 3rd respondent. It is stated that, against the same order, the Manager of the school, the 6th respondent herein, has also filed Ext.P5 appeal before the 3rd respondent. The limited prayer of the petitioner in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P4 appeal preferred by the petitioner, and Ext.P5 appeal preferred by the Manager of the school, expeditiously, after hearing them.
2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
The learned Government Pleader, on instructions, would submit that Ext.P4 appeal preferred by the petitioner before the 3rd respondent is not maintainable, since there is no provision under which the petitioner can prefer an appeal before the 3rd respondent. It is stated, however, that Ext.P5 appeal preferred by the Manager W.P.(c).No27550 of 2016 : 2 :
is maintainable before the 3rd respondent, and the said appeal can be directed to be disposed. Taking note of the said submission of the learned Government Pleader on instructions, and finding force in the submission that Ext.P4 appeal preferred by the petitioner is not maintainable before the 3rd respondent, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P5 appeal preferred by the Manager, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner, the Manager of the school and any other person likely to be affected by the orders to be passed by the 3rd respondent. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 3rd respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/